The Committee of Ministers, under the terms of Article 54 (art. 54) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the convention"),
Having regard to the judgment of the European Court of Human Rights in
the case of X and Y against the Netherlands, delivered on
26 March 1985 and transmitted the same day to the Committee of
Ministers;
Recalling that the case originated in an application against the
Kingdom of the Netherlands lodged with the European Commission of
Human Rights on 10 January 1980 under Article 25 (art. 25) of the
convention by Mr X, on behalf of himself and of his daughter Miss Y,
who complained that Netherlands law had failed to offer adequate
protection against the sexual abuse of Miss Y, a mentally handicapped
person, and alleged the violation of Articles 3, 8, 13 and 14 (art. 3,
art. 8, art. 13, art. 14) of the convention;
Recalling that the case was brought before the Court by the
Commission on 13 December 1983;
Whereas in its judgment of 26 March 1985 the Court unanimously held:
- that there had been a violation of Article 8 (art. 8) as regards
Miss Y;
- that it was not necessary to give a separate decision:
a. on her other complaints;
b. on the complaints of Mr X;
- that the respondent State was to pay to Miss Y 3 000 Dutch
guilders under Article 50 (art. 50) of the convention;
Having regard to the Rules adopted by the Committee of Ministers
concerning the application of Article 54 (art. 54) of the convention;
Having invited the Government of the Netherlands to inform it of the
measures which had been taken in consequence of the judgment, having
regard to its obligation under Article 53 (art. 53) of the convention
to abide by it;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of the Netherlands gave the Committee the
information set out in the appendix to this resolution;
Having satisfied itself that the Government of the Netherlands has
paid to Miss Y the sum provided for in the judgment,
Declares, after having taken note of the information supplied by the
Government of the Netherlands, that it has exercised its functions
under Article 54 (art. 54) of the convention in this case.
Appendix to Resolution DH (89) 3
Information provided by the Government of the Netherlands
during the examination of the case of X and Y against the Netherlands
before the Committee of Ministers
By an Act of 27 February 1985, which entered into force on
1 April 1985, the provisions of the Dutch Criminal Code concerning the
lodging of a complaint in respect of criminal offences the prosecution
of which requires a complaint were amended. Under Article 65 of the
code as amended a complaint can be lodged by the victim's legal
representative in civil matters if the victim is mentally handicapped
to such an extent as to be incapable of deciding for himself whether
it is in his interest to lodge a complaint. By virtue of this
amendment the shortcoming in Dutch legislation identified in the case
of X and Y against the Netherlands has been remedied.
The sum of 3 000 Dutch guilders has been paid to the lawyer of Miss Y.